VIJAYAKUMAR @ VIJAY Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. by the petitioner seeking for bail in Crime No. 50/2016 on the file of K.M. Doddi Police Station, Mandya for the offence punishable under Section 306 of I.P.C.

(2.) It is the case of the prosecution that, one Putte Gowda lodged the complaint before the jurisdictional Police alleging that he had given his daughter Chandrakala in marriage with Sri. Govinda Babu in the year 2001. Out of the wedlock two children were born. About 2 -3 years after the marriage, accused No.1 started harassing the deceased to bring dowry from her parental house. In fact, dowry has already been given. In spite of the same, Govinda Babu was demanding dowry from his wife. Many times Govinda Babu picked up quarrel with his wife and harassed her. Two friends of Govinda Babu were also involved in harassing the deceased. The deceased unable to bear the harassment has committed suicide by consuming poison on 10.03.2016 and died on 11.03.2016.

(3.) On the basis of the complaint lodged by the father of the deceased, Police have registered a case against the petitioner and husband of the deceased as well as Vasu. One of the accused Vasu had filed Crl. P. No. 2990/2016 invoking the provision under Section 438 of Cr.P.C. and got anticipatory bail from this Court on 11.05.2016. The petitioner is similarly placed and the only allegation against the petitioner is that, the husband of the deceased along with his friends have harassed the deceased and no other allegations are made. One of the accused has already got anticipatory bail. Therefore, the petitioner is entitled for the similar treatment on the principle of parity. Further, he is in the judicial custody from 13.03.2016. Hence, he sought for the grant of bail.